Kernrechtsfrage
Whether the refusal to extend the residence permit should be overturned because the appellant could rely on his marriage under Art. 7 ANAG.
Extrahierter Entscheid
No. The appeal failed because the marriage was invoked abusively; a genuine marital community was no longer to be expected.
Extrahierte Begründung
The spouses had separated factually since July 2002, the wife lived with another partner and had a child with him, and there were no indications of resumption of the marital union. Whether the marriage formally subsisted or had been a sham could remain open.